CHICAGO (AP) — A Chicago man accused of binding his 22-month-old daughter with tape and posting a picture on Facebook with a caption that read, "This is wut happens wen my baby hits me back," was convicted Thursday of battery charges.
Andre Curry, 22, was found guilty by a judge following a bench trial of aggravated domestic battery and aggravated battery. He faces a sentence ranging from probation to 7 years in prison.
The girl's mother and Curry's lawyer said the father was merely having fun with the child. But the judge disagreed and criticized Curry for obstructing his child's breathing for his own enjoyment.
"To use a child … as a toy or a prop in an odd attempt at humor is conduct of an insulting or provoking nature," Cook County Circuit Judge Lawrence Flood said.
The posting on Facebook showed the girl's wrists, ankles and mouth bound with tape.
Curry, who did not testify in his own defense, has said he and his daughter were playing on Dec. 13 and that he took the photo without thinking. His attorney, Sam Adam Jr., argued that the child was never in danger.
Curry's sister, Annastasia Curry, testified that she was cooking dinner and could hear Curry and her niece laughing in the living room. She said that when she went out to check on them, she saw the child covered with tape.
Curry, who has been described as a good father by the child's mother, refused comment as he left court following the verdict. But his attorney said, "he's devastated."
Adam said his client may have made a "stupid mistake" but shouldn't have been charged under a law that is intended for people who beat their wives and children. The attorney noted that all the prosecution's witnesses, including a detective, described the girl as smiling and playing just hours after she was taped for less than a minute.
Adam vowed to appeal.
"We have to look at the equity of the situation," Adam said. "How is he now supposed to provide for the child? He's gonna be a convicted felon. You know what it's like in this country to be a black man with a felony on your background? Who's gonna hire him?"
Flood acquitted Curry of unlawful restraint after a bench trial last month, but said he wanted to study the law further before making a decision on the more serious battery charges.
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This Week’s Celebrity Instagrams (6/18-6/24)
25 photos Launch gallery
1. Me & the homie @jaleelwhite #RujohnFoundation Happy to be in Jamaica! Good times
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5. Good Morning. Early day in Detroit! Making press rounds for @thebossnetwork's Ladies That Lead Tour. Thank you @traycemadre and @colourbynumbr for my glam.
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6. POWER the best show on TV @djenvy, Queens we so big out here. #EFFENVODKA #FRIGO
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7. They said u lost a step, wasn't explosive as once was, the best days was in the real view, questioned your drive, your leadership, your commitment, you don't have killer instinct, going back home is the worst mistake in your career, he got the coach fired, players traded, won't work between him and Kyrie, Him and Kev won't work, love your teammates to much, there's no way he can deliver a championship in his hometown, etc etc etc.... But guess what THATS NONE OF MY BUSINESS #StriveForGreatness #ThisOneIsForTheLand #PutSomeRespeckOnMyName Hahahaha!!! Yes sir
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8. Oooooh weeee this man right here is responsible for at least three of our four babies!! #JOE ❤❤❤🎤 #rnb #king #voicelikebutter #ForPeetesSake
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9. Hanging with my @abcnetwork family! @abcunclebuck tonite y'all check us out ! @anthonyanderson @traceeellisross
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10. My broski ( @sayeedshahidi ) and I are on Top 5 Live on @go90 at 5 (which is super duper close)! Make sure to tune in :) #UncleBuck #Blackish
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11. Lights out💤 #GoodNight
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12. Late nights mornings
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13. Ran into the lovely talented @siedahgarrett on this brutiful favvuz deh!
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14. #halal #love #thedargans #kattwilliamsSHOW #mashallah when that Jennah piece HIT!! @sweetjennahcollection glasses by @baddieglamaccessories LIZ 😍 @dynamiteko top @dazzledmv and jeans @thevision414 and shoes: @louboutinworld
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15. Big Hair and Optical Illusions #OceanDrive #MiamiLiving #coverparty
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16. MAMA and THE SAVAGES ... ⚓️ #supportyourlocalgirlgang
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17. From the bottom of my ❤️, thank you new followers & old! & hello fellow night owls! #grateful #racheltrue #naturalhair #curlyhair #curlygirl #healthyhair
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18. I feel so grateful because I met these amazing young minds, visiting from Houston TX, during their college tour stop today at #usc.These students are ALL extraordinary and embody academic excellence so I'm humbled to have shared a few moments with them to applaud and celebrate their bright futures ahead! Thank you @EmergeFellows for inviting me to speak and blessing me with your love and attention this afternoon!
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19. Happy Fathers Day Pops. U taught me how to be a man. Lessons of love, hard work & gratefulness. Sorry the fishing didn't stick. LOL. I Love U!
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20. Sky Zone and Ice Cream! Best Fathers Day Ever!! Photo credit @mariahcarey
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21. Look what finally came in the mail 😎 #mtvmovieawards2016 💥+🌽! #straightouttacompton
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22. Claudia Jordan: ....
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23. 'Member that time I almost knocked a bajillion dollar camera off the car? Really? Yeah, me neither! #Greenleaf Episode 2 comin atcha!
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24. Full of love. #birthday #Cabo
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25. Oh hey! Look who just joined Snapchat
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